Uttarakhand High Court
Unknown vs Netrapal Singh And Others" on 16 August, 2022
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
16th AUGUST, 2022
CRIMINAL MISCELLANEOUS APPLICATION NO.1290 of 2022
Between:
Netrapal Singh and Ashish Kumar ........Applicants
and
State of Uttarakhand and Another ...Respondents
Counsel for the Applicants : Mr. Abhishek Verma,
learned counsel.
Counsel for the State/
Respondent No.1 : Mr. Pratiroop Pandey,
learned A.G.A.
Counsel for the informant/victim
Respondent no.2 : Mr. Mehboob Rahi, learned
counsel.
Hon'ble Alok Kumar Verma,J.
This is an application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.409 of 2021, "State vs. Netrapal Singh and Others", pending before the court of Judicial Magistrate, Tanakpur, District Champawat, for the offence under Sections 392 and 506 of IPC.
2. Heard Mr. Abhishek Verma, learned counsel for the applicants, Mr. Pratiroop Pandey, learned AGA for the State and Mr. Mehboob Rahi, learned counsel for the private respondent/informant.
23. The applicants - accused persons Netrapal Singh and Ashish Kumar are present in-person before this Court and they are identified by Mr. Abhishek Verma, Advocate.
4. The respondent no.2, Intajar Ali, informant, Julfkar and Irfan, victims, are present in-person before this Court and they are identified by Mr. Mehboob Rahi, Advocate.
5. The applicants, the respondent no.2 and the victims submitted that there were private disputes between them and they have resolved their disputes and after resolving their disputes they have filed a joint Compounding Application (IA No.02 of 2022) along with their affidavits.
6. The respondent no.2 and both the victims further submitted that they have filed their affidavits with their free will and without any pressure and they do not want to proceed with the said criminal case against the present applicants - accused persons.
7. The learned counsel for the State submitted that apart from the respondent no.2 and both the victims, the prosecution has no other sufficient evidence against the applicants - accused persons. He further submitted that the State has no objection on the compounding application.
8. Though, this Court would normally be hesitant to quash the criminal case under Section 392 of IPC, but, in the present matter, it is noticed that a settlement has been arrived between the parties, and, according to the learned counsel for the State apart from these three 3 persons, ie. the respondent no.2 and both the victims, State has no other evidence against the present applicants
- accused persons.
9. In these circumstances, in case, proceedings are allowed to continue, no fruitful purpose can be served. Therefore, this is a fit case, in which the inherent jurisdiction of this Court should be exercised.
10. Keeping in view of the totality of the fact and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.409 of 2021, "State vs. Netrapal Singh and Others", pending before the court of Judicial Magistrate, Tanakpur, District Champawat, are quashed qua the applicants only.
11. Resultantly, the entire proceedings of Criminal Case No.409 of 2021, "State vs. Netrapal Singh and Others", pending before the court of Judicial Magistrate, Tanakpur, District Champawat, are quashed qua the applicants only.
12. The Criminal Misc. Application (No.1290 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.
___________________ ALOK KUMAR VERMA, J.
Dated: 16h August, 2022 Pant